Collier v. Tennessee Coal, Iron & Railway Co.
Supreme Court of Alabama
Damages for Injury to Employe. Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Personal injury action by Charlie Collier against the-Tennessee Coal, Iron & Railroad Company. Prom a judgment sustaining a demurrer to the complaint, plaintiff appeals.
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Damages for Injury to Employe. Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Personal injury action by Charlie Collier against the-Tennessee Coal, Iron & Railroad Company. Prom a judgment sustaining a demurrer to the complaint, plaintiff appeals. The negligence-alleged in the count to which demurrers were sustained was in all respects similar-to those alleged in the 5 th. count in the case of Bear Greek Mill Go. v. Parker, 134 Ala. 296. The demurrers urged against the ■ complaint were improperly sustained. — A. G. S. v. Davis, 119 Ala-572; Armstrong v. Montgomery St. Ry.…
1Opinion of the CourtMcCLELLAN, J.
The appeal is from a judgment sustaining a demurrer to the complaint. It contains only one count, and after alleging in the usual way the existence- of the relation of master and servant at the time of the injury, and that at that time he was engaged in the active performance of the duties of his employment, the negligence relied on is thus charged: “Plain*377tiff avers said injury to have been proximately caused by reason of the negligence of Pampley, a person in the service or employment of the defendant, who had superintendence intrusted to him, whilst in the exercise of such superintendence,…
2Cases cited1 opinion
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
3Cited by4 opinions
- Wilson v. Gulf States Steel Co.Supreme Court of Alabama · 1915
- Alabama Great Southern Railway Co. v. NealAlabama Court of Appeals · 1913
- Alabama Great Southern Railway Co. v. ChoateSupreme Court of Alabama · 1913
- Sloss-Sheffield Steel & Iron Co. v. HarrisonSupreme Court of Alabama · 1917